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2024 MarsdenLR 4386

HIGH COURT MALAYA MUAR
TACON DEVELOPMENT SDN BHD – Appellant
Versus
ANG CHIN SIONG & ORS (ENCLS 12 & 14) – Respondent


JUDGMENT

Suria Kumar Dj Paul JC:

Introduction

[1] Plaintiff alleges Defendants conspired to cause losses to them in respect of nine (9) units of condominium in a project developed by Plaintiff in Batu Pahat, Johor.

[2] Whereas the 1st to 8th Defendants contend Plaintiff received consideration for these nine (9) units and based on three (3) previous civil actions against Plaintiff, Plaintiff is estopped from bringing this claim against them now.

[3] Whereas the 9th and 10th Defendants deny that they are co-conspirators just because they were involved in the preparation of a Settlement Agreement and represented the other Defendants in previous civil actions against the Plaintiff.

[4] The 1st to 8th Defendants applied to strike out the Plaintiff's claim in encl 14. Whereas the 9th and 10th Defendants applied to strike out Plaintiff's claim in encl 12.

[5] I heard both the applications together and this is my judgment for both the applications.

Background Facts

[6] The Plaintiff was the developer of a condominium project known as The Horizon Sky Villa in Batu Pahat, Johor ("project").

[7] At the onset, one Tee Boon Tiong and Luo Wei were shareholders and directors of the Plaintiff.

[8] Plaintiff


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